TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00175-CV

In re Richard Cheroske and David Penny

ORIGINAL PROCEEDING FROM TOM GREEN COUNTY

M E M O R AN D U M O P I N I O N PER CURIAM Because Relators have an adequate remedy by appeal, the petition for writ of mandamus is denied and the motion for emergency relief is dismissed. See Tex. R. App. P. 52.8(a).

Before Justices Puryear, Pemberton and Rose Filed: March 31, 2011